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06. Conditional Use Permit - The Villas, LLCREPORT TO: Kalispell Mayor and City Council FROM: Sean Conrad, Senior Planner Myrt Webb, Interim City Manager SUBJECT Conditional Use Permit for an assisted living facility MEETING DATE: April 6, 2009 BACKGROUND: The Kalispell City Planning Board met on March loth and held a public hearing to consider a request from the Villas, LLC to construct and operate an assisted living facility. The property is zoned RA-2, High Density Residential Apartment, which reauires a conditional use nermit to onerate an assisted living facility within the dictrint The property consists of a vacant lot located mid -block on the east side of Sth Avenue West between lst Street West and 2nd Street West. The property can be legally described as lot 10, block 50, Kalispell Addition, located in Section 18, Township 28 North, Range 21 West. Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-3 providing details of the proposal and the staff evaluation. He noted that state law considers these types of facilities as residential uses and that cities are prohibited from denying permits or adding conditions that wouldn't otherwise apply to residences in general. He added the public hearing is a forum to provide information and allow for comment. Staff recommended approval of the conditional use permit subject to three conditions. During the public hearing, Mark Waatti, representing the Villas, LLC spoke in favor of the proposal. No one else spoke either for or against the proposal and the public hearing was closed. A motion was made and seconded to recommend approval of the conditional use permit subject to the three conditions listed in the staff report. The motion was unanimously approved. RECOMMENDATION: A motion to approve the conditional use permit would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Sean Conrad Senior Planner Report compiled: March 26, 2009 c: Theresa White, Kalispell City Clerk ly�t Webb Interim City Manager Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: The Villas, LLC Attn: Mark Waatti — Waatti Engineering 27 Meridian Court, Suite 117 Kalispell, MT 59901 LEGAL DESCRIPTION: Lot 10, Block 50, Kalispell Addition, located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: High Density Residential Apartment, RA-2 The applicant has applied to the City of Kalispell for a conditional use permit to allow an assisted living facility serving eight or fewer elderly adults. There will typically be two staff members on duty 24 hours a day, seven days a week. The RA-2 zoning district conditionally permits a community residential facility for eight or fewer persons. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on March 10, 2009, held a public hearing on the application, took public comment and recommended that the application be approved subject to certain conditions. After reviewing the application, the record, the KPD report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-09-3 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow an assisted living facility serving eight or fewer elderly adults in an RA-2, High Density Residential Apartment zoning district subject to the following conditions: 1. The proposal, including the submitted elevation drawings, will be developed in substantial conformance with the approved site plan and the Kalispell Zoning Ordinance. 2. That all required licensing, inspections and approvals are obtained from the State Department of Public Health, the Kalispell Fire Marshal and City Building Department. 3. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. Dated this 6th day of April, 2009. STATE OF MONTANA : ss County of Flathead Pamela B. Kennedy Mayor f'% ..L.-*- -1�.__ _r nnnn 1_-r--- --- _ a _ t-. i_r•_ I vu tim, uay of 2,009 before me, a notary Public, personally appeared Pamela B. Kennedy, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Printed Name: Residing at Kalispell, Montana My Commission Expires Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning PLANNING FOR. THE FUTURE March 26, 2009 Myrt Webb, Interim City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit for an assisted living facility Dear Myrt: 'P'k- V-14� 011 04- D1 , Qoar.a et TRH Cl, 1 nri, rA 1__1A �1-1; 1_ . ,- :,a. 1 ill. 1�Q11Jplill lolly 1 1Qlllllllg 1..0 IA met Vll ZviQL li11 L V _1 a11U 11G111 cL 1J UUM, i1GiU Uir lV 1:V11J1UG1 a request from the Villas, LLC to construct and operate an assisted living facility. The property is zoned RA-2, High Density Residential Apartment, which requires a conditional use permit to operate an assisted living facility within the district. The property consists of a vacant lot located mid -block on the east side of 5tn Avenue West between lst Street West and 2nd Street West. The property can be legally described as lot 10, block 50, Kalispell Addition, located in Section 18, Township 28 North, Range 21 West. Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-09-3 providing details of the proposal and the staff evaluation. He noted that state law considers these types of facilities as residential uses and that cities are prohibited from denying permits or adding conditions that wouldn't otherwise apply to residences in general. He added the public hearing is a forum to provide information and allow for comment. Staff recommended approval of the conditional use permit subject to three conditions. During the public hearing, Mark Waatti, representing the Villas, LLC spoke in favor of the proposal. No one else spoke either for or against the proposal and the public hearing was closed. A motion was made and seconded to recommend approval of the conditional use permit subject to the three conditions listed in the staff report. The motion was unanimously approved. Please schedule this matter for the April 6, 2009 regular City Council meeting. You may contact this board or Sean Conrad at the Kalispell Planning Department if you have any questions regarding this matter. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Letter of transmittal Staff Report #KCU-09-3 and supporting documents Draft minutes from the 3/ 10/09 planning board meeting c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: The Villas, LLC Attn: Mark Waatti - Waatti Engineering 27 Meridian Court, Suite 117 Kalispell, MT 59901 EXHIBIT A THE VILLAS, LLC ASSISTED LIVING FACILITY KALISPELL CITY PLANNING BOARD MARCH 10, 2009 The Kalispell City Planning Board held a public hearing on this matter at the regularly scheduled planning board meeting on March 10, 2009. The following conditions are recommended with approval of the conditional use permit: 1. The proposal, including the submitted elevation drawings, will be developed in substantial conformance with the approved site plan and the Kalispell Zoning Ordinance. 2. That all required licensing, inspections and approvals are obtained from the State Department of Public Health, the Kalispell Fire Marshal and City Building Department. 3. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. THE VILLAS, LLC REQUEST FOR A CONDITIONAL USE PERMIT KALISPELL PLANNING DEPARTMENT STAFF REPORT #KCU-09-3 MARCH 3, 2009 This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to locate an assisted living facility in an RA-2, High Density Residential Apartment, zoning district. A public hearing on this matter has been scheduled before the planning board for March 10, 2009 beginning at 7:00 PM, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION: The RA-2 zoning district conditionally permits a community residential facility for eight or fewer persons. A community residential facility is defined in state law, section 76-2-411, M.C.A., as a licensed assisted living facility, among other uses. Assisted living facilities serving eight or fewer persons fall under a special provision in the state statutes, section 76-2-412, M.C.A., that give them a speck "residential" status. Because of this special status no conditions may be placed on the permit that would not otherwise apply to residences in general. Acicuuonauy, a concunonal use pernut zor assisted living facilities cannot be denied by the governing body and the public hearing is intended as a forum for information and public comment. A. Petitioner: The Villas, LLC Attn: Mark Waatti - Waatti Engineering 27 Meridian Court, Suite 117 Kalispell, MT 59901 406-755-7827 B. Size and Location: The property consists of a vacant lot located mid -block on the east side of 5tn Avenue West between lst Street West and 2nd Street West. The property can be legally described as lot 10, block 50, Kalispell Addition, located in Section 18, Township 28 North, Range 21 West. C. Summary of Request: The applicant is requesting a conditional use permit to allow an assisted living facility serving eight or fewer elderly adults. There will typically be 2 staff on duty 24 hours a day, seven days a week. Four parking spaces will be provided off of the alley however none of the residents will own vehicles. The facility will have the outward appearance of a single family residence and cover approximately 48% of the lot. The facility will be licensed by the State of Montana Department of Public Health and Human Services. Landscaping and fencing will be consistent with what is present in the neighborhood. D. Existing Land Use and Zoning: The property is zoned RA-2, High Density Residential Apartment, and is currently vacant (See Zoning Vicinity Map). E. Adjacent Land Uses and Zoning: The immediate area is characterized by single- family dwellings on urban sized lots ranging from historic houses to single -wide mobile homes. Lots immediately surrounding the property are also zoned RA-2. F. Relation to the Growth Policy: The current Kalispell City Growth Policy Map designates this area as Urban Mixed Use, which provides the basis for the RA-2 zoning designation. This land use designation provides for zoning districts which allow a mix of single family homes, offices, commercial and limited industrial. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwestern Energy Electric: Flathead Electric Cooperative Phone: CenturyrTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell EVALUATION OF THE REQUEST TYl1c 7»»lin7tin» Y17� hPP» rP[11P[[TPl1 i» 7nnnr/lo»/P [[r+,k tYIP nn»�1tin»71 ll(P YP[r/P[ZT nritari7 i» 1111V CAl./1,1111iCALLV11 11G1V IJtll/11 11�Y 1V YY liI.L 111 4llJliV1 \.1Glltlili YYll11 LLlli VV11l.i1LLV11GLl LLVIi 1liV ll. YV 1..111.V11L1 111 the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate Useable Space: The property consists of a vacant city lot, 7,100 square feet in size, located mid -block on the east side of 5th Avenue West between 1st and 2nd Streets West. The proposed home would cover approximately 3,400 square feet (48%) of the site and the proposed location would comply with setbacks required in the RA-2 zoning district. There is adequate space on the site for the proposed house, access and minimum parking requirements. Figure 1. The site of the assisted living facility. The view of the property on the left is from across 5th Avenue West. The view of the property on the right is from the alley looking towards 5th Avenue West. KA b. Adequate Access: The property can be accessed from 5+h Avenue West and the alley immediately east of the property. Fifth Avenue West is classified as a minor arterial road in the Kalispell Area Transportation Plan and is currently well under allowable traffic capacity limits. Visitors will most likely access the home from the alley located on the east side of the property. C. Environmental Constraints: There are no obvious environmental constraints apparent on the property. The site is level and exists in a developed residential area of Kalispell. 2. Appropriate Design: a. Parking Scheme: The Kalispell Zoning Ordinance Section 27.26.050(27) requires one parking space per 2 dwelling units (or bedrooms) for assisted living complexes. The applicant plans to accommodate four off-street parking spaces along the alley one of which will be a handicap space. The proposed plan meets the minimum parking requirements and the neighborhood is expected to be able to handle any overflow parking. b. Traffic Circulation: Two to 10 vehicle trips a day may be generated by the use of the assisted living facility. On average two staff vehicles will be present at _11 _-1 -Si-- _ t_ _.�_� �_Il__ TL- _ f__71]i_ ._�._.Lr�1 nA Ill LIMUS allU onC V161LUI IIIUY LM CAPCC;LCU UcUly. II1C IUCI1Ly 1J ,Ld11CU G`t hours a day. As stated previously, staff and visitor parking will be provided between the facility and adjacent alley. The construction of the home is not expected to significantly alter current traffic circulation and the neighborhood is expected to be able to handle any additional overflow parking. C. Open Space: No specific open space requirements are required under the RA- 2 zoning district other than the required setbacks. d. Fencing/Screening/Landscaping: The lot is currently vacant and does not contain landscaping features or fences. However, the applicant proposes to provide landscaping and fencing that would be consistent with what is present in the neighborhood. e. Signage: The applicant is not proposing any signs at this point. Any future signs identifying the assisted living facility will need to comply with the Kalispell Zoning Ordinance's Sign Regulations for the RA-2 zoning district. 3. Availability of Public Services/Facilities: a. Schools: This site is within the boundaries of School District #5. No impact is anticipated with the proposed use. b. Parks and Recreation: There should be no significant impact on the parks and recreation programs and facilities as a result of this use. C. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed use. 3 d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. The group home will need to comply with all applicable fire and building code requirements. There is an existing fire hydrant approximately 100 feet north of the property at the intersection of 5th Avenue West and lst Street West. The site is easily accessed in the case of a fire. e. Water: City water will be used to serve the home. No significant impact on water services can be anticipated as a result of this facility. f. Sewer: Sewer service will be provided by the City of Kalispell. No significant impacts on City sewer services can be anticipated as a result of the proposed use. g. Storm Water Drainage: There are currently no storm water drainage facilities in the area. The applicant is encouraged to maintain drainage on site to prevent storm water impacts to neighbors. h. Solid Waste: Solid waste pick-up will be provided by the City. Refuse enclosures will be utilized in accordance with City requirements. This project will have no impact on current services. i. Roads: Fifth Avenue West, a minor arterial street, is located in front of the proposed assisted living facility. Fifth Avenue West is approximately 34 feet wide and contains curb, gutters, boulevards and sidewalks on both sides of the street. The assisted living facility could generate 2 to 10 vehicle trips per day, a normal amount of traffic associated with a single family home. Therefore, traffic impacts to the adjoining streets are expected to be minimal. 4. Neighborhood impacts: The neighborhood exists in a well -established urban residential area and dwellings range from historic houses to single -wide mobile homes. A variety of businesses exist two blocks north along Center Street. Impacts to the neighborhood will be similar to those of a single family home and therefore should be relatively insignificant. 5. Consideration of historical use patterns and recent changes: This area has historically included residential housing. Little has changed over the years. The provided elevation drawing of the home is compatible with the existing residential neighborhood (see Exhibit A). 6. Effects on property values: No significant negative impacts on property values are anticipated. As previously mentioned, the proposal is compatible with the neighborhood, will not create any adverse impacts with regard to noise or traffic and the use of a house as an assisted living facility will have little impact to surrounding neighbors. RECOMMENDATION The staff recommends that the planning board adopt the staff report #KCU-09-3 as findings of fact and recommend to the Kalispell City Council that the Conditional Use Permit be approved subject to the following conditions: 4 1. The proposal, including the submitted elevation drawings, will be developed in substantial conformance with the approved site plan and the Kalispell Zoning Ordinance. 2. That all required licensing, inspections and approvals are obtained from the State Department of Public Health, the Kalispell Fire Marshal and City Building Department. 3. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 5 PLANNING FOR THE. FtTI'tJitE ONT'.AMA X -J Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning APPLICATION FOR CONDITIONAL USE PERMIT PROPOSED USE: Assisted Living Facility OWNER(S) OF RECORD: Name: The Villas, LLC Mailing Address: 27 Meridian Court, Suite 117 City/State/Zip: Kalispell, MT 59901 Phone: 406-755-8485 PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: Mark Waatti - Waatti Engineering Mailing Address: 27 Meridian Court, Suite 117 City/State/Zip: Kalispell, MT 59901 Phone: 406-755-7827 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street Sec. Address: 119 5th Avenue West No. Subdivision Name: KAL Tract No(s), Town - Range 1 ship No. Lot Block No(s). 10 No. 50 1. Zoning District and Zoning Classification in which use is proposed: c� RA-2 - 1,Z7�i►�V �it�l k��t�G'J; 1�—_. �AC..;vC� i"+�'�' O� i FEtX% 2. Attach a plan of the affected lot which identifies the following items: a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. f. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 1 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. b. Access to and circulation within the property. C. Off-street parking and loading. d. Refuse and service areas. e. Utilities. f. Screening and buffering. g. Signs, yards and other open spaces. h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. Applicant Signature Date 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. The proposed assisted living facility will have a minimal impact on the traffic. Typically, there will be 2-personal on staff 24 hours/day. None of the residence will own vehicles. The building and parking will be serviced from the alley. b. Access to and circulation within the property. Building and parking will be accessed from the alley. There will be no vehicular traffic circulation throughout the property. c. Off-street parking and loading. Per the zoning regulations, we will provide 1-parking space per 2- rooms. There are 8-rooms in the proposed building, so there will be 4-paved parking spaces total, with one of the spaces for handicap use. All of the off-street parking and loading will be accessed from the alley. d. Refuse and service areas. Solid wastes disposal services are provide to the property by the City of Kalispell. e. Utilities. Power, phone, and cable television are available to the back of the lot from the alley. City of Kalispell sewer is stubbed to the back of the lot from the alley and City of Kalispell water is stubbed to the front of the lot from 5th Avenue. f. Screening and buffering. Screening and buffering along the parking areas will be accomplished with the use of trees and shrubs. g. Signs, yards and other open spaces. The building will cover an approximate 48% of the lot, the parking will cover an additional 12% of the lot. The remaining lot area will be open space yard. h. Height, bulk and location of structures. The proposed building will be a single story building, that has the character and appearance of a single family residence. i. Location of proposed open space uses. As stated in section "g", approximately 40% of the property will be left as open space yard area. See attached plans Page 1 of 2 j. Hours and manner of operation. The proposed building will operate 24 hrs/day, 7 days/week. Very minimal traffic and activity will be present during all hours of operation k. Noise, light, dust, odors, fumes and vibration. The amount of noise, light, dust, odors, fumes, and vibrations will be minimal, similar to the same affects from a single family residence. Page 2 of 2 0 APPLICANT: Waatti/Assisted Living Facility FILE NO: KCU-09-03 I, the undersigned certify that I did this date mail via First Class Mail a copy of the attached notice to the following list of landowners adjoining the property lines of the property where a conditional use permit has been requested. l�lCNr'fn-�u��M� Q T 13: 7Q rsQn1 %7- d -A. iV-fi0-fa i Tract/Lot: Lot 10, Elk 50, Kalispell Addition 1 Property Owners: The Villas, LLC Attn: Mark Waatti 27 Meridian Court, Ste 117 Kalispell, MT 59901 AND ATTACHED LIST The Villas, LLC Brenton & Amanda Moss Peter & Kathryn Viano Revocable Tr Attn: Mark Waatti P.O. Box 1452 255 Rosewood Drive 27 Meridian Court, Ste 117 Columbia Falls, MT 59912 Kalispell, MT 59901 Kalispell, MT 59901 Ellen J. Cool P.O. Box 994 Kalispell, MT 59903 Chantel & Lee Abel Gerald & Geraldine Young 190 Kookoosint Trail Kalispell, MT 59901 Mai N. Natividad 15492 E. Princeton Avenue Aurora, CO 80013 Michael Hemness 146 5th Avenue West Kalispell, MT 59901 Charles & Kathleen Vernon 2521 Mission Trail Kalispell, MT 59901 Steven & Karlene Waltman 105 5th Avenue West Kalispell, MT 59901 Daniel & Karen White 130 5+h Avenue West Kalispell, MT 59901 K2C3 Residential, LLC Christopher & Windy Vernon 441 2nd Street West Kalispell, MT 59901 Federal National Mortgage Asso. 13455 Noel Road, Ste 600 Dallas, TX 75240 Dustin Phillips & Elisa Venezia P.O. Box 162 Flagstaff, AZ 86002 12 � 11 10 4 1 k,� 3 9 5 8 6 7 12 C0 1 r `. 0 1 12 2 1 3 2 11 4 3 8 10 4 �9 � 8 4 9 5 5 8 S y` T 6 7 C 1 1 12 2 1 � Al 12 2 3 A� 1 Al� G3 10 4 2 1 o 4 A 5 g 3 �9 5 6 7 4 5A 61 \ 7 1 12 7 �1 1 2 12 2 VICINITY MAP SCALE 1" - 150' THE VILLAS, LLC REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN 8 BED ASSISTED LIVING FACILITY IN THE RA-2 (HIGH DENSITY RESIDENTIAL APARTMENT) ZONING DISTRICT PLOT DATE 2/6/09 FILE # K C U- 0 9- 0 3 H:\gis\site\kcuO9_03 Waatti. dwg AW qttJiqb _ k WP '- �1tOFr'f� Ic- � I a � ƒ 3 ƒ m l¥ KLS